They could be a couple (husband and wife) sharing same computer with same IP Address and with same PD (cross-chargeability).

We are in democratic country. Why not ask them first? Give them due process.

Somebody gave me "disapproval" because of the post above....I think that somebody do not believe in "due process" and "democracy".

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saiimmi

02-16 11:01 PM

3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?

I think you can still re-capture any year left in your 6 your term on your H1B. That is, even after going to EAD you can revert back to H1B in case of any issues. As always, this is just my understanding and could be wrong even.

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shortchanged

08-01 05:49 PM

I hope and pray that they take into consideration of the post mark date . Guys any one has an idea how late in night NSC will accept incoming mail. NSC gets all the USPS mail only once in AM.Other carriers like fedex,UPS etc, I have seen receipt times until 3PM. may be they accept later too, but I have not seen it in these forum or elsewhere. I know this for a fact because,my AOS sent on september 30,2005,(last day when PD was current for my country) reached at 17.59,by FedExsameday ($335.00! went waste) but they picked it up only on 10/3/05 the next working day.USCIS sent back my 485,but processed I140. Tried sending it back with fedex tracking, congressmans letter,Tried thru Ombudsman, to no avail.They did not accept my proof of earlier INS notice of accepting Postmark of 4/30/2001 or earlier, for 245(i) petition for illegals. So they will bend their rule for illegals, but don't for legals! I wish they will consider post mark for you.You can never predict anything from USCIS,there is no rhyme or reason for whatever they do.

U.S. Citizenship and Immigration Services (USCIS) is expanding its unannounced visits to the worksites of employers that sponsor foreign workers. USCIS uses site visits to verify the information in an immigration petition submitted by the employer and to make sure that sponsored workers are complying with the terms of their admission to the United States.

U.S. Citizenship and Immigration Services (USCIS) is expanding its site visits to employers that sponsor foreign workers. The site visits, which are conducted by USCIS's Fraud Detection and National Security (FDNS) unit, are usually conducted without notice. They are used to verify the existence of the employer, the information the employer has provided in immigration petitions, and whether sponsored foreign nationals are working in compliance with the terms of their admission to the United States. If your company is contacted by an FDNS officer, you should call your designated Fragomen professional immediately to discuss options, including the possibility of having counsel present during a site visit.

Though the FDNS unit has conducted employer site visits for several years, it has recently begun to add more staff and broaden its investigative efforts. In the past, site visits usually pertained to already-approved immigration petitions. However, under the expanded program, the agency is more frequently using site visits to verify information in petitions that are pending with USCIS. USCIS could use information obtained during a site visit to decide whether or not to approve a petition. In submitting petitions for immigration benefits, employers subject themselves to reasonable inquiries from the government. Therefore, it is crucial that employers make efforts to cooperate with FDNS officers. A failure to cooperate could jeopardize an employer's pending petitions and its ability to participate in U.S. immigration programs.

Typically, an FDNS officer will make an unannounced appearance at the petitioning employer's worksite, though occasionally an officer may call the company in advance to notify it of an impending visit. During the site visit, the officer may ask to speak to an employer representative, such as a human resources manager, and may also ask to meet with a sponsored foreign worker. Usually, the officer will have a copy of a specific immigration petition and will seek interviews to verify the information in the petition.

During site visits, FDNS officers typically work from a standard list of questions. Officers commonly ask about the employer's business; the worksite; the number of employees; whether the employer filed the immigration petition in question; whether the foreign national is actually employed by the employer; the foreign national's position, job duties and salary; and the foreign national's qualifications for the position, educational background, previous employment and immigration history, residence and dependents in the United States. The officer may also ask about the employer's overall use of specific immigration programs. In addition to conducting interviews, the FDNS officer may ask to tour the employer's premises or examine the foreign national's work area, and may also request payroll records and other documentation pertaining to the foreign national's employment.

Fragomen is closely monitoring the FDNS site visit program and will issue additional information as we discern investigation trends. If you have any questions about this alert, please contact the Fragomen professional with whom you usually work.

I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.

I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?

As per my attorney, number of PERM applications filed in 2nd half of 2009 is very low (He has some good contacts at Atlanta DOL). He was expecting all 2009 non-audited cases to be processed in a couple of months....Not getting audited is the key in PERM process. My PERM will be finally filed this week, and I am hoping its not going be audited (MS + 6 yrs or BS + 8 yrs exp, 4G Mobile Communications R&D) though my attorney feels it will be....Keeping my fingers crossed...A successful EB3 to Eb2 conversion seems to be the only hope...

How long the process took before filing? How much time for PWD alone?

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doesntmatter

05-20 05:21 PM

Background: No AC-21 same Company 1 since beginning of labor & No Address change (6 years) No Notice of Intent to Deny; Straight denial notice in around 8 business days EB2; Priority Date: Mar 14 2005 LC: Approved Mar 2007 I-140 Approved May 2007 1-485 Applied Aug 2007 First RFE: Only G325 Second RFE: 4 Items 1. Signature issue in Medical forms - redid the forms 2. Criminal records - got a certificate of "No Records" from the courts in the cities I lived in the US 3. Travel dates since the first arrival at USA - furnished all of them 4. Document evidence that USCIS authorized the work between Aug 2002 and Sep 2002 What happened in that time? Was with Company 2 on L1-B L1-B was about to expire by Aug 29, 2001; Applied for L1-B extension on Aug 3, 2001; RFE on L1-B extension on Feb 23 2002; Response submitted for RFE on Mar 3 2002; NO RESPONSE TILL SEPTEMBER 2002 Apply for H1-B with Company 3 on August 20, 2002; ATTACHED A COPY OF THE ONLINE CASE STATUS INDICATING THAT BCIS IS STILL WORKING ON THE CASE AND REQUESTED AOS FROM L1-B TO H1-B Sep 2002 - H1B Approved; Was asked to go back to home country to obtain AOS; Obtained H1-B visa and travelled back June 2003; Transferred my H1-B to my current employer (Company 1) and applied for labor certification with my current employer by Mar 25 2005;

FURNISHED THE COPY OF THE H1-B PETITION in my response.

Denial Notice was sent out today (have not received it yet).

Is it possible that USCIS finds me ineligible for AOS based on: Normal Eligibility Standards of AOS under Section 245(a) Alien must be �eligible� for immigration; and Ineligible classes Alien was employed in the United States without USCIS authorization prior to filing AOS application;

If so: 1. Will I be able to do a MTR or an appeal? Or 2. Is a lawsuit the only way to go since I will not be allowed to appeal?

How much time do I have and in general - experts who have dealt with situations like this before, REQUEST YOU TO PROVIDE ADVISE ASAP.

P.S: I do have a lawyer and I am talking to my lawyer for legal advice. The reason I am here is I am not getting all the answers from my lawyer and yes I am looking for another good lawyer. I am also talking to a re-location company and getting quotes to travel back to my home to be prepared for a worst case scenario.

Consult a lawyer. I personally think putting your canadian vist as the last place of entry might not show up in records as no stamping took place and also the I94 part which is taken by the customs and sent to INS in kentucky did not happen in your case. So when USCIS checks u'r I94, all they will see is the date in 2000 when you came to US.

In your case since you jumped from F1 to H1B via OPT you might not have had any gaps in chaging status and USCIS did not ask you to leave the country for gettting the H1B stamped(Change of status was approved )

This situation of yours hinges on technicality and better talk to a lawyer.

what happens if the passport gets stamped and got a new I94 in the vancouver airport and no inspection after coming back to US. what should we enter as last entry into us

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actonwang

06-16 09:25 PM

thanks! GC4menow,

Kind of surprise and wonder how you get this kind of info. Is it a given rule or you got it from some friends from USCIS? It looks make sense but:

1. What is USDOS for? Department of state? Who decides Retrogression?

2. In summary, if it is "Current", USCIS processes all files by RD (receive date), and if it has retrogresstion, then they change to process files by PD. Do they churn/reorder all cases each month according to if it is "current" or not? Any logic behind it?

I am waiting to hear something for my wife. She would hate it to sit at home for one year

Let see......

I will update this thread if i hear something

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nixstor

08-23 11:08 AM

First of all they never did AFAIK. Secondly if they did That would put more than half of the applicants in a situation where they need to find their previous I-94's. If USCIS needs to get all your entry and exit info for the past 10 years and corresponding I-94's I believe they will be talking to Border Security. Even though the airlines take your I-94 away, I believe it will go to a govt agency some how ( I could be wrong).

In fact every time you changed employers you sent a copy of your current I-94 (current at the time of employer change) to USCIS. So they should have it.

How about joining the DC area Chapter and volunteering for the rally? If we who are in the DC area don't work on it, who else will?

If you feel IV is our only hope/interpreter, then lets fuel it. We all know IV needs funds to operate and to drive our concerns. I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D each ticket may be sold for $10 , $10 x 20,000 tickets = 200k 100k for IV , 100k can be split to top 10 winners.

Please take your poll above.

Experts can add suggestions to help it construct.

Ideas are like a**holes. Everybody as got one. :D

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coopheal

02-10 02:15 PM

5 Years should be fine.

The best would be something like " As soon as some one paid a net $50000 as federal taxes over the years" can get the GC.

Or

As soon some one pays the federal tax for half a million dollars will be eligible for GC.

With a minimum of 5 years of stay in the US and on any employment visa.

All this employer sponsorship, labor, 140, 485 are BS.

This is how it is all over Europe.

In your sim city you can make these rule. However for the real world support IV initiatives for the best results.

I had same message for the I-485 but my EAD is approved. i called NSC about the FP print notice and they said it is issued in error and everything is fine. i have FP appointment on 10/05. So i think you just give a call and check with USCIS.

1. My EAD application status at USCIS website got changed to,

Current Status: Approval notice sent.

this morning. My heartfelt thanks to ImmigrationVoice activists for this.

My spouse's EAD application status still shows as,

Current Status: Case received and pending.

In my case, my spouse's application is the derivative application of mine. Any incidence of spouse's EAD case getting stuck while the primary's application going through?

2. Also, Is EAD approval anyway related/tied to I-485 Application? In that case, it is understandable for my spouse not to see her status changed. Because, her I-485 Applications status is shown as,

though we both have already finished our finger printing. Our attorney says, its USCIS's mistake and he has already sent $70(once again) towards her fingerprinting fees to be on the safer side.

Any information would be helpful.

Thanks,

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superdude

07-17 10:42 PM

Do you know how long it will take to get GC from date of receipt of 485? It is a long journey again. We have to wait and see. It depends on the native country also

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Alien

03-28 11:04 AM

I think IV should stay focussed with what they are doing right now. This is a non-profit forum with a purpose and lets let it be that way.

We can probably make it more expansive as we get more volunteers to moderate the forum but with whats going on right now,we should let the core members focus on what they are doing.

I strongly agree with Berkleybee that this aint a one-stop shop.There is a danger of core issues getting diluted.

eeezzz

06-12 01:32 PM

Thanks for the link. That clarifies that the new package fee of $1010 encompasses the EAD/AP renewal for the life of 485. If one had used the old fee structure then the new fee for I 765 (EAD) - $ 340 and I 131 Advance Parole - $ 305.

I would think that if you pay $645 (EAD and AP) for the renewal that would also be good for the life of the 485, though the link doesn't explicitly state that. Does anyone have any more info on that?

Thanks. Can someone confirm that if you file I-485 with old fee system and pay for the new fee when you renew EAD and AP, do you still need to pay again on your 2nd time renewal ?

gjoe

08-22 03:03 PM

Demand application numbers by PD , country and category for every month starting from 1998.